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Global Pharma Looks To India Final PDF
Global Pharma Looks To India Final PDF
Introduction 03
Background 04
A fast growing economy
An expanding pharmaceutical market
Government-provided healthcare improving, but private healthcare dominates
Practical concerns 27
Infrastructure
Tax environment
Counterfeiting
Intellectual property
Conclusion 30
Related reading: Pharma 2020 31
References 32
Acronyms 38
Introduction
The pharmaceutical industry’s main promise, either as places with untapped Indian companies have also started
markets are under serious pressure. demand for effective drugs or as entering into the realm of R&D; some of
North America, Europe and Japan jointly suitable areas for conducting research the leading local producers have now
account for 82% of audited and and development (R&D) and/or clinical started conducting original research.
unaudited drug sales; total sales trials. In this paper we shall examine the India has the world’s second biggest
reached US$773 billion in 2008, opportunities available in India. pool of English speakers and a strong
according to IMS Health. Annual growth system of higher education, so it should
in the European Union (EU) has slowed India’s population is growing rapidly, as be well-positioned to serve as a source
to 5.8%, and sales are increasing at an is its economy – creating a large middle for research talent. A new patent regime
even more sluggish rate in Japan (2.1%) class with the resources to afford provides better protection of intellectual
and North America (1.4%).1 Impending Western medicines. Further, India’s property rights, although some issues
policy changes, promoting the use of epidemiological profile is changing, so remain. Clinical trials can also be
generics in these key markets are demand is likely to increase for drugs conducted here much more cost-
expected to further dent the top- and for cardio-vascular problems, disorders effectively than in many developed
bottom-line of global pharma majors. of the central nervous system and other nations, and some local companies are
The industry is bracing itself for some chronic diseases. Together these factors beginning to develop the required
fundamental changes in the mean that India represents a promising expertise. All of these factors add up to
marketplace and is looking at newer potential market for global a strong case for partnering with Indian
ways to drive growth. pharmaceutical manufacturers. companies around R&D, including
clinical testing.
Further, higher R&D costs, a relatively More than that, India has a growing
dry pipeline for new drugs, increasing pharmaceutical industry of its own. It is Further, healthcare has become one of
pressure from payers and providers for likely to become a competitor of global the key priorities of the Indian
reduced healthcare costs and a host of pharma in some key areas, and a Government and it has launched new
other factors are putting pressure on the potential partner in others. India has policies and programmes to boost
global pharmaceutical companies. considerable manufacturing expertise; local access and affordability to
Pharma companies are looking for new Indian companies are among the world quality healthcare.
ways to boost drug discovery potential, leaders in the production of generics
reduce time to market and squeeze and vaccines. As both of these areas Global players in the pharma industry
costs along the whole value chain. become more important, Indian cannot afford to ignore India. The
producers are likely to take a large role country, many predict, will be the most
How can industry leaders best face on the world stage – and potentially populous in the world by 2050. India will
these challenges? Analysis by partner with global pharma companies make its mark as a growing market,
PricewaterhouseCoopers (PwC) shows to market their wares outside of India. potential competitor or partner in
that several regions offer considerable manufacturing and R&D, and as a
location for clinical trials.
A fast growing economy Figure 1: India is forecast to grow by at least 5% a year for the next 41 years
4 PricewaterhouseCoopers
An expanding pharmaceuticals drugs by virtue of the Drugs Price
market Control Order (DPCO), supervised by
the National Pharmaceutical Pricing
India’s pharmaceuticals industry looks
set for a solid long-term growth. It
Authority (NPPA). The 347 price-
controlled drugs included in 1979 were
The bottom line:
already ranks fourteenth in the global reduced to 143 in 1987.16 At present, 74 Increased buying
league table, with sales of almost bulk drugs are covered under the
US$19 billion in March 2009.10 However, DPCO.17 The Government’s draft power and
PwC estimates that it will rise to pharmaceutical policy in 2006 sought to
approximately US$50 billion by 2020 – expand the scope of essential drugs epidemiological
a 163% in the space of eleven years.11
Indeed, in our report, Pharma 2020:
and evoked a sharp reaction from the
industry. They argued that it would
changes should
The vision, we anticipate that India will
be one of the industry’s top 10 markets
adversely affect R&D activities in India,
as companies would stay away from
spur dramatic
by 2020. investing in new drugs. To date, no growth in sales
further action on the proposed policy
This growth will be driven by the changes have been taken and it volumes, but India
expanding economy and increasing per currently looks unlikely that the DPCO
capita GDP. In 2008, India’s middle will be expanded. remains a price-
class constituted 13% of the
population, according to the National The Indian Government’s Department of
sensitive market.
Council of Applied Economic Pharmaceuticals has also initiated
Research.12 While this remains a fairly operations for a peoples’ medicines
small proportion of the total population, shop, called ‘Jan Aushadhi,’ in various
it represents a substantial increase from locations. These shops sell generic
a mere 3% in 1995.13 If the economy medicines at much cheaper rates
continues to grow faster than those of than the price of corresponding
the developed world and the literacy branded medicines.18
rate keeps rising, around a third of the
population (34%) is expected to join the Some multinational pharma companies
middle class in the near future.14 While are already taking measures to reach a
these consumers still earn substantially larger patient population by reducing
less than their US or European drug prices and increasing affordability.
counterparts, they are rapidly acquiring One example: Merck & Co. has
the buying power necessary to afford launched differential pricing through
modern healthcare, particularly if Januvia, its anti-diabetic drug, which is
purchasing power parity is considered. priced at approximately US$1 per dose
One source estimates that at least 60 in India – a fifth of its price in the US.19
million Indians – a market as big as the Indian companies like Biocon have also
UK – can already afford to buy Western followed a similar pricing strategy.
medicines.15 Aggressive pricing Biocon has launched its monoclonal
strategies will be necessary, however, to antibody BIOMAb EGFR at one-fourth
make in-roads into India’s price- of its price in the global markets.20
sensitive market.
It’s also likely that India will require
India’s federal Government currently different types of drugs in the future.
mandates price controls on essential Like almost every other emerging
drugs, however, these are under review. economy, India is experiencing
Price controls are carried out on certain epidemiological changes. Thanks to
24%
18% 17% Anti-infectives
40%
5% 6% Neuro/CNS
5%
8% 10% 10% Cardiovascular
20%
3% 5% Antidiabetic
4%
0%
2001-02 2006-07 2011-12
Source: ORGIMS Data, Crisil Research, Pharmaceuticals: Review Indian formulation market (2008)
6 PricewaterhouseCoopers
Further, the consolidation of the pharma workers without access to hospitals or
industry and emergence of pharma retail pharmacies (see Table 1).26 Many of
chains are likely to lead to more the poor rely exclusively on alternative
concentration in the supply chain. The forms of treatment such as Ayurvedic The bottom line:
increasing requirements posed by some
formulations like biologics, which
medicine27, Unani28 and Acupuncture.
India’s healthcare
require advanced expertise such as the
ability to maintain the cold chain and
The Indian Government has made the
provision of healthcare as one of its
system is
avoid shocks during the distribution
process, will also play a role. Inventory Table 1: India healthcare facilities
struggling to
reduction and the reduction of order
Doctors 60 per 100,000 people29
meet the needs
cycle time will be key objectives for
companies looking to optimise their Nurses 80 per 100,000 people30 of its vast
Pharmacies 367,000 (urban),
supply chains in order to offer their
drugs at affordable prices.25 183,000 (rural)31 population, but
Hospitals 30,000 (67% public, government
Government-provided 23% private)32
healthcare improving, but Hospital 1.7 million
programmes and
private healthcare dominates beds (one per 1,000 people)33 reforms in the
Health 171,687 (including
The Indian Government is currently
in the throes of a much needed
centers 145,272 sub-centres health insurance
with basic facilities)34
programme to reform the health care industry should
system. After years of under-funding, Sources: World Health Organisation (2008)
most public health facilities provide only Modern Pharmaceuticals (December 2008);
Health System in India: Opportunities and
improve the
basic care. Moreover, three quarters of
medical facilities are located in urban
Challenges for Improvement (July 2005)
Expresspharmaonline.com (2007); and situation.
World Health Organisation (2007).
areas, leaving the majority of rural
8 PricewaterhouseCoopers
Domestic market overview
10 PricewaterhouseCoopers
Some Indian companies which made Further, in 2009 another landmark deal
significant acquisitions were now finding was announced, with sanofi-aventis
it difficult to integrate their foreign acquiring controlling stakes in the
acquisitions with the Indian operations leading Indian vaccine manufacturer The bottom line:
due to severe pricing pressures.
Legislative reforms imposed in
Shanta Biotech.
2008 saw M&A
acquisitions’ home markets also had an
impact. Further, some companies
Elsewhere we discuss some of the
strategies that Indian companies
in the pharma
booked losses on foreign currency
convertible bonds (FCCBs), negatively
employed to stay afloat during the crisis,
including greater focus on leveraging
sector in India
impacting overall profitability. their strengths in newer structures like more than
Contract Research & Manufacturing
Nonetheless, investor confidence has Services (CRAMS), biotech & clinical double against
remained fairly stable and deals continue
despite challenges. The average deal size
trials, and increasing penetration in
rural markets. the previous
in 2008 was around US$15.34 million,
20% higher than US$12.82 million in
year, despite
Contract manufacturing
2007. The pharma sector had 57 deals,
of which 17 deals were domestic. There
the challenges
Contract manufacturing is a strong
were a total of 22 pharma private equity segment of the domestic market. Indian posed by the
(PE) deals worth US$337.41 million.
Private equity players and investment
firms have several advantages over their
Western rivals. The expertise gained in
global recession.
funds played an active role in the deal manufacturing generics through reverse-
market. Some of the investments were engineering has helped some companies
those of Citi Venture and Everest Capital streamline the process for getting
of about US$23.6 million in Nectar manufacturing up and running. Costs are
Lifesciences.58 Similarly, Kotak Private very competitive; indeed, they are only
Equity Group, an arm of Kotak Mahindra two-fifths of those involved in setting
Bank, invested about US$10 million up and running a new manufacturing
in Intas Biopharmaceuticals.59 Gujarat facility in the West.61 They can operate
Biotech Venture Fund invested US$12.7 on significantly lower margins, given
million in Century Pharmaceuticals and their low development and labour costs.
SME Growth Fund invested US$7 million Currently their key area of strength in
in Centaur Group.60
Figure 4: India has more US FDA-approved manufacturing plants than any country
except the US
Source: Crisil Research, Bulk drug exports to scale up in the regulated markets (December 2008) for India;
ICICI Securities, Indian Pharma Sector: Sector Update (December 2008) for Italy, China, Spain, Taiwan, Israel
and Hungary.
12 PricewaterhouseCoopers
It has been commissioned by the WHO prescription drugs (or OTC drugs). OTC
to develop vaccines against the latest proprietary drugs are also regulated by
strain of H1N1. An estimated two out the Drugs and Cosmetics Act and the
of every three immunised children in Drugs and Cosmetics Rules. However, The bottom line:
the world have received a vaccine
manufactured by the Serum Institute.69
as they do not require a drug license
they can be sold by non-chemists, so OTC sales
As the risk of global pandemics
grows, so do potential markets for
sales channels are more extensive. As
discussed, much of India’s population
are on the
new vaccines. relies on self-medication, and the increase, offering
purchasing power of the middle class
OTC market holds significant is growing. These trends should drive opportunities
growth in cough and cold formulations,
potential
gastrointestinals, analgesics, and to achieve high
Globally, over-the-counter (OTC) drug
dermatologicals. Only a few OTC
active ingredients, e.g. acetylsalicylic volumes and
sales have been increasing in recent
years. This trend is driven in part by
acid and ephedrine and its salts, fall
under the current DPCO price control.
enhance pharma
aggressive efforts of global pharma
companies to leverage the brand equity
Counterfeits of popular OTC drugs are brands in India.
however a major issue.
that major products have attained
during the patent period. Other major Indian consumers are also placing more
winners in the OTC category include emphasis on prevention and wellness,
products where patients continue to buy which should contribute to continued
particular remedies following an initial increases in sales of OTC vitamins
doctor’s prescription. and minerals. The market is already
growing strongly. Profitable OTC drugs
OTC drugs may have even stronger for some of India’s largest pharma
potential in India. An increasing number companies include artificial sweeteners,
of Indians are already dipping into their emergency contraceptive pills and
own pockets to buy OTC drugs. The nutritional supplements.
OTC market was worth about US$1.8
billion in 2009 and is expected to grow The popularity of Ayurvedic therapies
at 18% a year to reach about US$3 should also contribute to the sales of
billion in 2012.70 The Government is related OTC formulations. Some of
now considering plans to expand the the leading OTC brands in India are
list of drugs which can be sold outside registered as ‘Ayurvedic Medicines’
pharmacies, since many common because of their plant-based natural
household remedies are more difficult active ingredients. There are no price
to obtain in India than in other controls on ‘Ayurvedic Medicines’.
developing countries. An expansion of
the list would substantially increase Some global pharma companies are
the potential market opportunity in already launching OTC products in India
this segment. or buying OTC products. Novartis India
launched Calcium Sandoz as an OTC
Although the term ‘OTC’ has no legal supplement in 2000 and has now come
recognition, all the drugs that are not out with Otrivin nasal drops in a spray
included in the list of ‘prescription form.71 Pfizer has launched Listerine,
only drugs’ are considered as non- Benadryl, Caladryl and Benylin in India,
14 PricewaterhouseCoopers
Growing Research
& Development
Overview However India offers limited capabilities has formed an alliance with Eli Lilly. By
in preclinical and complex Biology selling developing and licensing rights
PwC estimates that India’s 10 largest research. Preclinical capabilities in for the US, Japan and Western Europe,
drug firms spent US$480 million on R&D India are limited to clinical trials in but retaining rights within emerging
in 2008. The bulk of this investment rodents and dogs, with almost none markets, some Indian pharmaceutical
went towards developing new for primates. The capabilities mostly companies are able to gain immediate
formulations, however R&D in the Indian reside with Indian pharmaceutical revenues, while retaining future access
pharmaceuticals industry is changing. companies, developed through in- to India’s growing domestic market.
The new patent regime means house R&D programmes – Government
companies need to be more innovative, involvement in this area is minimal. A number of Indian pharma companies
rather than relying solely on reverse- Some Government institutes do offer have spun off their R&D divisions
engineering existing formulations. The basic biology services, but the level of into separate units in order to scale
reliance on anti-infectives is also likely innovation generated by such facilities up resources and to attract focused
to lessen. As already noted, as the is fairly modest. Multinationals will investments. DRL started the trend
illnesses of affluence and age increase, need to partly/completely own or in R&D spin-offs in 2005. Piramal Life
the demand for many other types of share technology with available Indian Sciences, Piramal Healthcare’s R&D
pharmaceuticals will rise, and Indian Contract Research Organisations division, was recently demerged from
pharma companies need to begin (CROs) in order to achieve innovative the latter. Sun Pharma Advanced
transforming their portfolios accordingly. results. The Indian contract research Research and Ranbaxy Life Science
segment was estimated at around Research have also been demerged
India has widely acknowledged US$485 million in 2008 and is expected from their parent companies Sun
chemistry skills. Several leading to reach around US$1 billion in 2010.74 Pharma and Ranbaxy respectively.
domestic producers have begun to Some spin offs have faced difficulties
conduct original research into new Despite Indian pharma companies’ stemming from uncertain resources
chemical entities and novel drug growing expertise in later stages of and declining PE interest in research.
delivery systems. Amongst others, the R&D process, many of the drug Several companies are now seeking a
Ranbaxy has commenced phase-III candidates initially formulated in India collaborative approach towards drug
clinical trials for its new anti-malarial are likely to be further developed by discovery, in order to mitigate the
combination drug. Other companies are Western drug makers, because few risk associated with failure of a
looking to shift to clinical areas with a Indian companies can afford the high drug molecule.
growth opportunity, such as diabetes costs and failure rates associated
(see sidebar on India’s insulin with pushing a drug right through India’s R&D base is still small, but it has
dependence on page 6). Piramal Life the pipeline. Several Indian firms several advantages that should serve
Sciences has initiated phase-I trials of have already entered into research it well in the future. Some 70 million
a new experimental drug for diabetes- partnerships with multinationals; DRL people speak English75 – more than in
metabolic syndrome in Canada. DRL is and Torrent have joined forces with any other country except the US – and
conducting phase–III trials for its Type II Novartis, for example, while Ranbaxy it has an excellent tertiary education
diabetes drug. Other areas of innovation has formed alliances with GSK and system; every year, it turns out about
are also being explored; Biocon has 7 Schwarz Pharmaceuticals. Glenmark 115,000 scientists with Master’s
and Wockhardt has 10 new chemical has formed an alliance with Napo degrees, and 12,000 with PhDs.76 Many
entities in their R&D pipelines. Pharmaceuticals and Piramal Healthcare of these scientists have traditionally
16 PricewaterhouseCoopers
process, although most Indian pharma to boost the Indian clinical trials market.
companies dealing with international Expectations are already high; some
clients or exporting to foreign regulated observers expect the market could
markets look to attain such certification. reach US$2 billion annually by 2012, up The bottom line:
The National Good Laboratory Practice
Compliance Monitoring Authority was
from just US$300 million in 2008.86
The strong anticipated growth reflects Insufficient
established under the Department
of Science and Technology in April
some of the attractions India holds
for this market. According to a study
regulatory
2002. While this was undoubtedly a
step in the right direction, there are
by Rabo India Finance, a subsidiary
of the Netherlands based Rabo Bank,
oversight is
still only about 33 GLP inspectors82 the huge patient population offers vast currently a barrier,
and about 12 GLP certified labs in the genetic diversity, making the country
country.83 In addition, the ruling on “an ideal site for clinical trials.” Further, however India’s
whether a trial design violates ethical
principles is left to individual local ethics
many people are “treatment-naïve” and
relatively easy to access. The United many advantages
committees. There is no central register
of Ethical Committee decisions. Better
Nations reports that around 30% of the
population lives in urban areas;87 and
- overall costs
infrastructure for regulation, ethics
review and monitoring is required.84
over 67 million people live in India’s six
biggest cities alone (see Table 2).
are only 50%
of comparable
Registration of new clinical trials is now
mandatory on the Indian council of
Table 2: Urban India US-based
Population
medical research's (ICMR) web based
clinical trials registry. The government (Data in ‘000) programmes
plans to make inspection of clinical trial
sites an ongoing activity by increasing
City 2005 2010
- should spur
Bangalore 6,465 7,229
the number of inspectors, training them
for site inspection and developing
Kolkata (Calcutta) 14,282 15,577 dramatic growth
a checklist for audits. Further, the Chennai (Madras) 6,918 7,559 in clinical testing
government is also working on a Delhi 15,053 17,015
proposal to register CRO’s in India.85 Hyderabad 6,117 6,761 in the next 2-5
This type of more rigorous regulatory
Mumbai (Bombay) 18,202 20,072 years.
Source: United Nations, World Urbanization Prospects
oversight, together with increasing (2007)
interest from foreign firms, should help
18 PricewaterhouseCoopers
likely to grow by around US$2 billion glaritus. DRL has already launched
by 2014, to reach a total of US$19.4 filgrastim and rituximab in emerging
billion, following key patent expiration markets and has a pipeline of 10
for epoetin alpha, filgrastim, interferon biogenerics in various stages.104 The bottom line:
beta 1a, interferon alpha, human growth
hormone (hGH), and insulin-glargine.97 The challenge for the development of India’s developing
This represents a CARG of 89.1% from
2009 to 2014. All told, around US$25
biosimilars arises from the fact that
biologics are more complex than small
biotech industry
billion worth of biologics are expected
to go off patent by 2016.98 These
molecules and chemically synthesised
drugs; therefore their replica are – in
and cost
patent expirations open the route for contrast to ‘traditional’ small-molecule advantages
biosimilars, the equivalent of generics generics – ‘similar’ but not identical to
for biologics. the original drug. Consequently, the should drive
Indian biotech companies are slowly
registration of biosimilars requires more
data than is required for generics, and significant
building capabilities in development
and manufacturing of biosimilars. Intas
manufacturers have to demonstrate
efficacy and safety in pre-clinical
growth in local
Biopharmaceuticals is now developing
a biosimilar of a protein used to treat
and clinical studies. This makes the
registration of biosimilars a costly and
development of
the side effect of cancer therapy, time-consuming process, and lessens biosimilars for the
for example.99 Biocon has initiated the chances of a successful launch.
registration of its human recombinant Developing biosimilars is costlier than global market.
insulin with the European regulatory developing chemical based generics,
agency, EMEA and intends to launch it requires a greater capital investment
by 2011.100 Reliance Life Sciences has and operating costs of manufacturing
launched three biosimilars—ReliPoietin are higher. These factors mean that
(Erythropoietin), ReliGrast (GCSF), developing biosimilars represents a
and ReliFeron (Interferon Alpha 2b) in higher risk area of R&D.
the domestic market in 2008 and is
currently conducting clinical studies Pharma companies need to balance
for erythropoetin and granulocyte the risks and rewards when considering
colony stimulating factor (GCSF) in whether to enter the biosimilars
Europe.101 Wockhardt has launched market. The decision to enter the
its recombinant erythropoietin, Wepox market should only be made based on
and insulin, Wosulin in the domestic a clearly defined long-term biosimilar
market102 and is conducting clinical strategy, including development and
trials in the US for Wosulin.103 It has built manufacturing capabilities, marketing,
capacities in erythropoetin, hepatitis pricing and regulatory expertise. India’s
vaccine, recombinant insulin and insulin cost advantages in many of these areas
20 PricewaterhouseCoopers
further by setting up a dedicated the National Centre for Cell Sciences in
research facility, through its subsidiary Pune and the National Brain Research
Syngene International. Centre near Delhi, are investigating the
22 PricewaterhouseCoopers
Global Pharma’s evolving
business models and
options in India
Joint Franchising
Ventures
E.g. Novavax- E.g.
Cadila; Novotech Fortis Healthcare,
- ETI Klinical Medicine Shoppe
24 PricewaterhouseCoopers
Elder has also entered into another deal the master franchisee of US-based development can be productively
with Daiwa Pharmaceutical of Japan Medicine Shoppe International has utilised by western pharmaceutical
to introduce Daiwa’s nutraceuticals already forayed the market and plans companies coming into India. As noted,
into the Indian markets.117 Lupin has to expand 1,000 stores by 2010.122 India is home to more then 100 US FDA
in-licensed Lupenox, a cardiovascular Fortis Healthcare plans to open a chain approved plants, so foreign companies
drug from ItalFarmaco, an Italian of 1,000 stores by 2012, of which the looking for local partners can access a
pharmaceutical company.118 US$200 million has been committed.123 substantial manufacturing base.
Franchising arrangements can
In recent years, a wide array of out- leverage on purchasing power from the R&D joint ventures are also growing
licensing arrangements have also franchisor buying in large quantities and in popularity. Some Indian companies
emerged. Ethypharm out-licensed passing down savings to franchisees. are collaborating with overseas players
and entered into a supply agreement Continued business support from to enhance their vaccine development
for Mesalazine with Solvay Pharma.119 the franchisor such as technology, capabilities, for example. Panacea
Glenmark has out-licensing deals with products, training and marketing is Biotech has a joint venture with Chiron
Forest, Teijin, Eli Lilly and Merck & an added advantage. However, there for development and marketing of
Co.120 Claris sealed a deal with Pfizer are restrictions on how the business vaccines.124 Similarly, Novavax and
to license out 15 injectable generic must be managed in order to retain Cadila Pharmaceuticals have a joint
medicines for pain, infections and consistency among franchises. All venture for the development and
other conditions.121 franchisees are obligated to conform manufacture of vaccines and other
accurately to the initial business model. biopharmaceutical products in India.125
Most developmental costs are borne by
the licensor in licensing arrangements, Joint Ventures Other joint ventures focus on biotech
resulting in the licensee paying a high or new biosimilars technologies.
unit cost and having little control over Novavax and Cadila Pharmaceuticals
Joint ventures (JVs) are becoming
manufacture. However, licensing can be signed an agreement in March 2009
a more prevalent option for
effectively used to establish a common to form a joint venture, CPL Biologicals.
companies looking to capitalise on
platform in order to gain rapid in-market CPL will develop and manufacture
the opportunities presented in India.
acceptance and create a complete vaccines, biological therapeutics
Foreign companies are increasingly
therapy range through arrangements and diagnostics in India using
looking at local partners to work with
such as cross-licensing. technology contributed from Novavax
in order to increase their presence
and Cadila Pharmaceuticals.126
in India. Domestic partners bring
Franchising together extensive local expertise due
Clinical testing also offers opportunities.
to their familiarity with the business
In 2009 Novotech, an Australia based
India’s retailing industry also offers huge environment, knowledge support and
clinical research company, entered into
opportunities for foreign companies to the networked capabilities of other
a strategic venture with ETI Klinical
either set up their own retail franchisee local pharmaceutical companies. These
to service the growing demand for
or enter into collaboration with existing advantages, along with low production
clinical research and clinical and data
players. Medicine Shoppe India, costs, skilled labor and faster drug
26 PricewaterhouseCoopers
Practical concerns
28 PricewaterhouseCoopers
previous industry estimates. It found the which will prolong the period required In December 2008, the Delhi High
prevalence of spurious drugs at 0.046% to issue a grant. It permits compulsory Court’s landmark judgment in
of all medicines sold to customers, in licensing in some circumstances other favor of Bristol-Myers Squibb, the
contrast to results of an earlier survey than national emergencies and public patent holder for the leukemia drug
funded by the WHO and undertaken health crises – provisions that could be Dasatinib, restrained Hetero Drugs
by the International Pharmaceutical abused for commercial gain. from manufacturing and marketing
Federation, which concluded that 3.1% generic versions of the drug. In the past,
of drugs in India were counterfeit.136 Further, patent rights for ‘mail box’ marketing approvals were sometimes
While such findings are a positive applications filed will only accrue granted by the DCGI independently
sign, companies should remain alert to from the date the patent is granted.138 of the patent status of the drug in
possible counterfeiting issues. Lengthy delays are common, as the question. The judgment establishes
Indian Patent Office lacks sufficient a link between patent and marketing
Intellectual Property Rights resources to process applications very approvals granted by the IPR office
rapidly. While a ‘mail box’ application and the DCGI.140
is pending, generic manufacturers can
The federal Government introduced
freely produce the same drug In June 2009, Novartis’ cancer drug
product patents for all industrial sectors
without fear of incurring any liability Glivec was not awarded a patent
under the Patents (Amendment) Act,
for damages. for lack of improved efficacy under
2005 – in line with the commitment
section 3(d) of the Indian Patent Act
India made when it signed up to the
Post 2005 India has made several and its high price as ruled by the
Trade-Related Aspects of Intellectual
amendments to better protect Intellectual Property Appellate Board
Property Rights (TRIPS) Accord in 1995.
intellectual property rights and enable (IPAB).141 The former justification has
This regulation aims to balance the
global pharma companies to bring since come under scrutiny. In August
interests of domestic and multinational
their patented products to India, 2009, the Government accepted the
drug makers. It represents a major
while protecting the interest of home recommendations of the Mashelkar
improvement on the previous rules, but
grown companies. The Satwant Reddy committee supporting patenting of
some issues remain. Firstly, it does not
committee’s report on data protection incremental innovation. The Mashelkar
apply to drugs patented before 1995.137
has recommended pro-patent report also pointed that efforts were
Copies of drugs patented between
amendments and data exclusivity for a required to provide drugs at affordable
1995 and the introduction of the law will
period of five years.139 The enforcement prices to the people of India and to
probably not be withdrawn.
regime is also changing, but the legal prevent the granting of frivolous
system is currently too overburdened patents and evergreening.
The Ordinance also allows third parties
for these improvements to be
to oppose an application for a patent,
immediately effective.
The Indian market is impossible to India’s pharma market is highly collaboration and discovery. Investing
ignore, given its economic prospects. fragmented and remains extremely in India will be a vital component of
Foreign companies view India as a price sensitive. Affordable healthcare this networked future. Companies
potential significant contributor of continues to pose a challenge, although that will be most successful in doing
future sales and are ramping up their there are a number of healthcare business in India will be those that are
investments in the country accordingly. initiatives by the Government underway most adept at managing and mixing a
India’s domestic market looks promising to improve the situation for India’s vast range of contractual relationships and
for global pharma looking to launch population. Indian courts and regulatory partnership strategies.
new products. The country’s growing authorities are very sensitive to pricing
capabilities in contract manufacturing, issues in making decisions around Some practical issues will need to be
R&D and clinical trials also make it a intellectual property. Pharma companies addressed, regardless of the business
preferred outsourcing partner for global coming into India may need to consider model selected. Infrastructure deficits
pharma at every stage of the value a differential pricing. They will need continue to exist, although some are
chain. So what strategy should foreign to evaluate access to medicines, a being addressed. Intellectual property
pharmaceutical companies eager volume-based pricing strategy and protection has improved substantially
to enter the country or expand their take into account gradually increasing but some holes remain. And while
existing operations adopt? per capita incomes to come up with the regulatory environment in India
acceptable price levels for their drugs. has improved substantially in recent
One approach is to call on India’s Global pharma companies will then years, the industry still faces a number
increasing expertise in biotechnology, need to decide how to manufacture of question marks. Finalisation of
bioinformatics and clinical testing. their products, and identify and develop Government policies around drug
Several overseas companies have strong local partners. price control, access to OTC drugs,
outsourced research and clinical trials tax policy, intellectual property
to Indian contractors, while others One way to build a presence in India protection and infrastructure spending
have entered into collaborative R&D may be through an increased presence is still pending.
arrangements to supplement their R&D in the OTC market. Promoting a range
productivity. Many foreign companies of OTC products could serve as means Nonetheless, India’s appeal is growing
have also already initiated research on of building brand awareness and as a rapidly in a number of respects. It
neglected diseases. We believe that source of new revenues. Indigenous has long been a formidable player in
many more will do so, as the patent producers dominate the generics pharmaceutical manufacturing, but
regime is strengthening. This will enable business, and about 97% of all drugs its socio-economic strengths provide
them to capitalise on the cost savings to sold in India are already off patent. The even greater grounds for optimism. If
be gained from shifting some research OTC market is, by contrast, relatively the economy outpaces that of every
activities to India, without jeopardising undeveloped. Indian consumers already other emerging country for the next
their most valuable intellectual property. pay privately for the lion’s share of their half century, as many commentators
healthcare, and the Government is too expect, large portions of the population
Another approach is to tap into the hampered by budgetary constraints will be able to afford modern medicines.
growing domestic market. Foreign to reverse this pattern. In future, then, India’s increasing scientific expertise
companies with a product portfolio it seems likely that access to OTC will also equip it to play a significant
spanning across different therapeutics medicines will be improved and the role in researching and developing
segments can look at bringing newer market will continue to expand. those drugs. It has a large pool of
products in India by entering into highly educated, English speaking
collaborative networks across the value The pharmaceutical business model scientists who can undertake research
chain, from sourcing and manufacturing is witnessing a paradigm shift, moving and conduct trials more cheaply and in
to marketing and distribution. These from a fully integrated company some cases faster than their Western
companies will have to understand structure towards a future where peers. These are major advantages in
how to get their product to market and companies use a wide range of a world where drug development
develop a realistic pricing strategy, outsourcing, partnership initiatives costs are soaring and getting to
particularly as India is still far away and other contractual and relationship market fast is vital.
from a widespread shift to an insured arrangements to create networks of
payer model.
30 PricewaterhouseCoopers
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32 PricewaterhouseCoopers
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CROs - Contract Research Organisations JJMI - Johnson and Johnson Medical India
DCGI - Drug Controller General of India NREGA - National Rural Employment Guarantee Act
DPCO - Drug Price Control Order NRHM - National Rural Health Mission
GCSF - Granulocyte Colony Stimulating Factor SIA - Secretariat for Industrial Assistance
38 PricewaterhouseCoopers
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